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What Would It Take?

Zombiefied

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Zombiefied Advanced Member

Zombiefied

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As the description states, well and the topic title, What would it take to remove Cannabis from Schedule 1 to Schedule 2 or 3 even?

 

I was just watching a video about legalizing Cannabis use in Detroit, and a little blurb came up. It said the people in Detroit can still be charged under state laws. And our current MMMA only protects us from the state, not the federal government. The only thing I see as really effective in the cannabis movement is getting the status changed, or pushing for full, America wide, Legalization. What do you guys think?

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MmmSquirrel4Dinner Advanced Member

MmmSquirrel4Dinner

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OK from reading and picking things up as I go, I found only limited information on the ONDCP's site (whitehouse.gov) about drug control policy and reforming the controlled substances act.

 

So onto WIKI and this is what I came up with...

 

ONDCP wiki link

 

scroll down and read the sub-header titled 'Anti-legalization Policy'

 

it gives you the jist (spellcheck) of what to do.

 

#1 Provide medical information to the FDA about medicinal properties of Cannabis

 

#2 Have FDA pass info to ONDCP

 

#3 ONDCP will take under advisement of the reclassification of Cannabis for medical purposes.

 

#4 Wait for it

 

#5 decriminalized and possibly legalized CANNABIS

 

Just my opinion

 

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Zombiefied Advanced Member

Zombiefied

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I have to ask another question... Did the Drug Czar come to Michigan and oppose our MMMA?

Responsibilities. –The Director– [...]

 

(12) shall ensure that no Federal funds appropriated to the Office of National Drug Control Policy shall be expended for any study or contract relating to the legalization (for a medical use or any other use) of a substance listed in schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812) and take such actions as necessary to oppose any attempt to legalize the use of a substance (in any form) that–

1. is listed in schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812); and

2. has not been approved for use for medical purposes by the Food and Drug Administration;

 

http://www.drugwarrant.com/articles/drug-czar-required/

 

So did he come out? Or anybody? Would that not mean that the Federal Government is breaking there own law?

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Silverblue Advanced Member

+Silverblue

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The FDA has approved so many drugs that do a lot more harm than Cannabis ever will. The hatred of Mj, the stigma, is still strong in the minds of many. Progress is slow, we have MM, but it's no walk in the park. Until federal law changes, those legal under MM will still have to worry; I'm thankful I found all this out before applying. These problems shouldln't be, in a democracy, if we really had one.

 

Sb

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JohnB RPh Advanced Member

JohnB RPh

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DEA, Title 21, section 811

 

(a) Rules and regulations of Attorney General; hearing The Attorney General shall apply the provisions of this subchapter to the controlled substances listed in the schedules established by section 812 of this title and to any other drug or other substance added to such schedules under this subchapter. Except as provided in subsections (d) and (e) of this section, the Attorney General may by rule -

 

(1) add to such a schedule or transfer between such schedulesany drug or other substance if he -

 

(A) finds that such drug or other substance has a potentialfor abuse, and

 

(B) makes with respect to such drug or other substance the findings prescribed by subsection (B) of section 812 of this title for the schedule in which such drug is to be placed; or (2) remove any drug or other substance from the schedules if he finds that the drug or other substance does not meet the requirements for inclusion in any schedule. Rules of the Attorney General under this subsection shall be made on the record after opportunity for a hearing pursuant to the rulemaking procedures prescribed by subchapter II of chapter 5 of title 5. Proceedings for the issuance, amendment, or repeal of such rules may be initiated by the Attorney General (1) on his own motion, (2) at the request of the Secretary, or (3) on the petition of any interested party.

 

(B) Evaluation of drugs and other substances The Attorney General shall, before initiating proceedings under subsection (a) of this section to control a drug or other substance or to remove a drug or other substance entirely from the schedules, and after gathering the necessary data, request from the Secretary a scientific and medical evaluation, and his recommendations, as to whether such drug or other substance should be so controlled or removed as a controlled substance. In making such evaluation and recommendations, the Secretary shall consider the factors listed in paragraphs (2), (3), (6), (7), and (8) of subsection © of this section and any scientific or medical considerations involved in paragraphs (1), (4), and (5) of such subsection. The recommendations of the Secretary shall include ecommendations with respect to the appropriate schedule, if any, under which such drug or other substance should be listed. The evaluation and the recommendations of the Secretary shall be made in writing and submitted to the Attorney General within a reasonable time. The recommendations of the Secretary to the Attorney General shall be binding on the Attorney General as to such scientific and medical matters, and if the Secretary recommends that a drug or other substance not be controlled, the Attorney General shall not control the drug or other substance. If the Attorney General determines that these facts and all other relevant data constitute substantial evidence of potential for abuse such as to warrant control or substantial evidence that the drug or other substance should be removed entirely from the schedules, he shall initiate proceedings for control or removal, as the case may be, under subsection (a) of this section.

 

© Factors determinative of control or removal from schedules In making any finding under subsection (a) of this section or under subsection (B) of section 812 of this title, the Attorney General shall consider the following factors with respect to each drug or other substance proposed to be controlled or removed from the schedules:

 

(1) Its actual or relative potential for abuse.

 

(2) Scientific evidence of its pharmacological effect, if known.

 

(3) The state of current scientific knowledge regarding the drug or other substance.

 

(4) Its history and current pattern of abuse.

 

(5) The scope, duration, and significance of abuse.

 

(6) What, if any, risk there is to the public health.

 

(7) Its psychic or physiological dependence liability.

 

(8) Whether the substance is an immediate precursor of a substance already controlled under this subchapter.

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MedScientist Advanced Member

MedScientist

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I found this posted on another site...............................

 

 

Oregon Reclassifies Marijuana As Medicine94

Share By Steve Elliott in Legislation, Medical Wednesday, Jun. 16 2010 @ 4:19PM

 

​Oregon on Wednesday became the latest state -- and the first in many years -- to officially reclassify marijuana from its Schedule I status as a dangerous drug with no medical value.

 

The Oregon Board of Pharmacy (BOP) voted 4-1 on June 16 to move cannabis to Schedule II, thereby recognizing its medical use.

 

The BOP decision came after months of deliberation and input from the public. The Oregon Legislature passed SB 728, which directed the BOP to reclassify marijuana to Schedule II, III, IV or V, in August 2009.

 

Although Oregon and 13 other states in the U.S. have legalized marijuana for medical use, it has officially remained a Schedule I substance according to the federal government. Most states defer to that federal status.

 

"This... should send a clear message to the federal government"

 

​"This latest decision by a state public health and drug regulatory body to reclassify marijuana as medicine should send a clear message to the federal government," said Caren Woodson, director of government affairs with Americans for Safe Access (ASA), a medical marijuana patient advocacy organization.

 

"The reclassification of marijuana at the federal level is long overdue and certainly ripe for consideration," Woodson added.

 

Under the federal Controlled Substances Act, enacted in 1970 as President Richard Nixon introduced the War On Drugs, the U.S. government placed marijuana in an erroneous Schedule I classification, which means it has a "high potential for abuse and no accepted medical value."

 

Since then, several attempts have been made to reclassify cannabis at the federal level.

 

A petition filed in 2002 by the Coalition for Rescheduling Cannabis is the latest attempt, and is currently pending before the notoriously anti-pot and unresponsive Drug Enforcement Administration (DEA).

 

The U.S. Department of Health and Human Services recently made its recommendations to the DEA, the final agency to review the petition. Acting DEA Administrator Michele Leonhart, a Bush Administration drug warrior holdover who has yet to be confirmed by the Senate, is the final remaining arbiter as to the rescheduling petition's fate.

 

"DEA Administrator Leonhart has a less than impressive record on medical marijuana," Woodson said. "But, with the changing political winds on this issue, the Obama Administration has a chance to do the right thing for the hundreds of thousands of sick Americans that benefit from medical marijuana."

 

So, far, only four states -- Alaska, Iowa, Montana, and Tennessee -- along with the District of Columbia, have classified marijuana as a therapeutic substance. But there seems to be a strong trend towards changing that.

 

In addition to the June 16 decision, the Iowa Board of Pharmacy recommended in February that the Legislature there reclassify marijuana from Schedule I to Schedule II, thereby recognizing its medical use.

 

"While such moves are more symbolic than practical, especially in medical marijuana states like Oregon, it does tend to reinforce the argument that marijuana has medical value," said Kris Hermes, ASA media specialist.

 

By law the Oregon BOP has until June 30 to implement the new rules.

 

More Information

 

Oregon SB 728 instructing BOP to reclassify marijuana (PDF)

 

Oregon Board of Pharmacy page on reclassifying marijuana

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